252. In the terminology of Islamic Law this is known as khul', i.e. a woman's securing the annulment of her marriage through the payment of some compensation to her husband. Whatever settlement is made between a husband and wife should come into effect. If the matter is referred to the court, however, it will investigate only whether the wife has really become too disgusted with the husband to put up with him. (For the Traditions on the basis of which the author concludes this see the commentaries on this verse in Ibn Kathir and Qurtubi, see especially the latter, vol. 2, pp. 946-8 - Ed.) Once this is determined the court is entitled to fix the amount of payment incumbent on the wife as compensation for the repudiation of her marriage, and the husband will be bound to accept that amount and divorce his wife. In general, the jurists believe that the payment, thus fixed, should not be higher than the original mahr paid by the husband.

The divorce that comes into effect is irrevocable and brings separation into effect immediately. Since the woman has paid compensation, she has in effect purchased the right of repudiation and the husband, therefore, has ceased to have the right to revoke the divorce. If, however, the spouses agree to recontract marriage, they may do so.

According to the majority of jurists the period of waiting under khul' is the same as under divorce. However, there are several Traditions in Abu Da'ud, Tirmidhi, Ibn Majah, etc., which show that the Prophet fixed the period of waiting at one menstrual period, and that 'Uthman applied this in a case which he decided. (See Ibn Kathir's commentary on the verse.)